STATE  CONSERVATION 
COMMISSION 
OP 

fWUKWRY  WISCONSIN 

DEC  2  - 1937 

UNIVERSITY  OF  fl^wfy 


Forest,  Field  and 
Marsh  Fire  Laws 

with 

Instructions    to    Town  Chairmen, 
Road  Superintendents,  Railroad 
^Meii,  Rangers  and  Patrolmen 


MADISON,  WIS. 
1920  ) 


Fires  this  year  will  cost  us  men, 
homes  and  resources 


TAKE  NO  CHANCES 


with  camp  fires,  matches, 
cigarettes    or  slashings 


Put  Them  Out! 


We  thank  you  for  your  care 


FOREWORD 

This  pamphlet  is  issued  for  the  benefit  and 
information  of  such  persons  or  officials  who 
are  to  a  greater  or  less  extent  interested  in 
the  Wisconsin  laws  relating  to  forest,  field, 
85  swamp,  marsh  and  other  running  fires.     It  is 
jg  intended  to  briefly  present  such  provisions 
gi  as  may  be  of  particular  interest  to  the  dif- 
t    ferent  classes  of  citizeflfc  LIBRARY  OFTHf 

DEC  2  -  1937 

READ   THIS  BOO^^^M&p. 

To  Town  Chairmen  and  Rt>ad  Superintend- 
ents : 

Each  town  chairman  by  provision  of  law 
and  without  filing  oath  of  office,  is  town  fire 
warden,  and  each  road  superintendent  is 
assistant  town  fire  warden  to  the  chairman. 
Under  the  law  you  are  duty  bound  to  fight 
such  fires  and  when  you  are  notified  of  a  fire 
or  receive  a  call  for  assistance,  you  must 
act  immediately,  irrespective  of  what  work 
v  you  may  be  engaged  in  when  you  receive  such 
notice  or  call  for  assistance. 

You  have  the  power  of  sheriffs  to  arrest 
without^warrant  for  any  violation  of  the  fire 
laws.  You  have  the  power  to  demand  the 
V  assistance  of  any  able-bodied  male  citizen  to 
help  fight  fires. 

Any  person  refusing  is  subject  to  a  fine 
of  $50.00.     (See  Sec.  26.15.) 

Highway  superintendents'  can  render  a  val- 
^  uable  service  to  the  state,  especially  during 
dry  seasons,  if  they  will  stop  and  warn  auto- 


mobile  tourists,  campers  and  fishermen  that 
such  dangerous  fire  period  exists,  particularly 
calling  attention  to  the  danger  of  matches, 
cigars  and  cigarette  stubs,  camp  fires,  etc. 

Farmers  and  settlers  must  not  start  fires 
during  dry  periods.  Before  burning  your 
brush  talk  the  matter  over  with  either  your 
town  chairman  or  with  a  road  superintend- 
ent; these  men  under  the  law  are  town  fire 
wardens.  Always  help  willingly  and  prompt- 
ly when  called  upon  to  fight  fires.  You  can- 
not tell  what  day  you  may  wish  the  help  of 
your  neighbors  to  save  your  own  home  from 
fire.  Do  not  start  back  fires  until  absolutely 
necessary. 

Payment  of  fire  fighters  (see  sec.  2  6.13.) 

Town  chairmen  and  road  superintendents 
will  be  paid  such  a  wage  for  fire  fighting  as 
may  be  determined  upon  by  the  town  board. 
All  men  called  out  by  the  fire  wardens  (called 
out  by  Town  Chairmen  or  Highway  Superin- 
tendents) shall  receive  not  more  than  twenty- 
five  cents  (25c)  per  hour  for 'the  time  actually 
employed,  which  compensation  is  also  to  be 
paid  by  the  town  board. 

In  case  men  are  ordered  out  to  fight  fires 
by  special  fire  wardens  (appointed  by  the 
commission)  one-half  the  expense  will  be 
borne  by  the  state  and  one-half  by  the  coun- 
ty, but  not  otherwise. 

Note. — The  words  "assistant  town  fire  war- 
den" mean  the  ROAD  SUPERINTENDENT. 
The  words  4 'town  fire  warden"  mean  the 
TOWN  CHAIRMAN.  The  word  "commis- 
sion" means  the  State  Conservation  Commis- 
sion. 

2 


INSTRUCTIONS  TO  FIRE  FIGHTERS. 


If  you  discover  a  fire  too  large  to  be  put 
out  at  once,  get  help  immediately.  If  neces- 
sary, notify  the  nearest  fire  warden,  or  pa- 
trolman, or  if  neither  is  available  any  sheriff 
or  deputy  sheriff  of  the  county  who  should 
notify  the  fire  warden.  * 

Organize  and  select  the  best  man  as  leader. 
When  a  fire-warden  is  present  he  should  take 
charge. 

Form  a  plan  of  action  and  stick  to  it.  Con- 
sider the  rights  of  property  owners,  but  do 
not  let  them  back  fire  to  protect  their  own 
property  unless  it  will  be  for  the  general 
good.  Back  fires  should  be  authorized  only 
by  the  man  in  charge. 

If  you  believe  that  a  fire  will  take  a  con- 
siderable time  to  put  out,  divide  your  force 
into  crews,  one  to  relieve  the  other.  Keep 
some  one  on  the  job  all  the  time. 

The  best  tools  for  fighting  fire  are  the 
shovel,  mattox,  ax  and  wet  sacks.  Rakes, 
hoes  and  brush  hooks  are  also  useful. 

Sand  or  earth  thrown  on  a  fire  is  as  effect- 
ive as  warter. 

If  possible  stop  the  fire  by  means  of  a 
trail  or  trench.  Where  the  fire  burns  slowly 
in  open  timber  pinch  it  out  by  knocking  the 
burning  material  back  into  the  burned  area. 
Put  out  logs  and  stumps  by  throwing  dirt 
on  them.  Never  leave  burning  trees  01 
snags  near  the  fire  line.  Many  fires  well  un 
der  control  have  broken  out  again  when  a  lit 
3 


tie  additional  work  would  have  made  them 
quite  safe. 

Work  at  night  or  in  the  early  morning,  in- 
stead of  by  day,  when  it  is  possible.  At  night 
a  six-inch  trail  will  often  hold  a  fire  that 
would  leap  a  quarter  of  a  mile  during  the 
heat  of  the  day.  At  night  less  time  is  wasted 
carrying  water  to  the  fire  fighters. 

Fires  occurring  in  dense  brush  or  thick- 
ets may  require  back  firing.  Start  your  back 
fire  far  enough  in  front  so  that  you  will  have 
time  to  complete  yfiur  work  before  the  main 
fire  reaches  you.  Start  it  from  a  road,  trail 
or  stream  if  possible.  If  not,  cut  a  trail, 
scrape  it  clean,  light  your  fire  and  guard 
your  trail. 

Back  fire  along  the  top  or  bottom  of  a 
ridge  rather  than  half  way  up  the  slope. 

See  to  it  that  the  ends  of  your  back  fire 
are  safe.  Run  them  together  if  possible, 
thus  surrounding  the  main  fire,  or  else  run 
them  into  portions  that  have  burnt  out,  or  to 
a  stream  or  road.  A  back  fire  is  just  as  dan- 
gerous as  the  original  one  unless  it  is  per- 
fectly safe  throughout  its  whole  length. 

Watch  the  fire  line  after  the  fire  is  under 
control.  Sparks  blown  from  burning  snags, 
chunks  thrown  from  falling  trees,  and  many 
other  things  may  cross  the  fire  line.  Keep 
some  one  on  guard. 

Use  your  best  judgment  in  fighting  fires 
when  you  are  in  charge  as  local  conditions 
make  it  impossible  to  give  any  iron  clad  rules 
to  follow.  If  some  one  else  is  in  charge 
obey  his  instructions. 

Lumber  Companies— All  lumber  companies 
operating  steam  railroads  must  equip  their 
engines  with  the  best  fire  fighting  parapher- 
4 


nalia  possible  and  the  following  suggestions 
are  made  for  this  equipment  and  means  of 
combating  fires: 

(1)  Proper  stacks  and  screens.  (2)  Bar- 
rels of  water  along  steep  grades,  at  intervals, 
where  there  are  no  streams  of  water  that 
have  a  steady  flow  in  dry  weather.  (3) 
Equipment  for  all  engines,  such  as  hose  and 
all  attachments  necessary  to  handle  water 
quickly  and  efficiently,  to  extinguish  fires 
which  start  along  the  railroad.  (4)  Water 
tank  car  for  emergencies.  (5)  A  patrol 
should  be  made  after  all  trains  in  dry  weath- 
er. (6)  A  careful  inspection  should  be  made 
at  regular  periods  of  all  equipment.  (7)  In- 
structions should  be  issued  to  all  section 
crews  and  employees  to  be  on  the  lookout 
for  fires  and  just  what  they  should  do  toward 
extinguishing  same.  (8)  All  inflammable 
material  should  be  removed  from  along 
tracks  for  at  least  fifty  feet  on  either  side. 

Railroads — All  of  the  above  rules  that  are 
practical  and  possible  of  enforcement  should 
be  used  by  main  line  railroads  as  well  as  the 
logging  railroads.  If  the  proper  officials  of 
all  railroads  will  issue  written  instructions  to 
their  employees  to  carry  out  the  provisions  of 
the  forest  laws  applicable  to  railroads  a  tre- 
mendous improvement  can  be  made  and  many 
fires  averted-  Trackmen  should  be  instructed 
to  clean  all  rights  of  way  at  least  twice  per 
year  of  inflammable  material.  Sufficient 
trackmen  should  be  kept  to  promptly  put  out 
any  fires  that  may  occur  along  the  rights  of 
way.  All  locomotives  should  be  equipped 
with  proper  screens  to  prevent  the  escape  of 
sparks  and  hot  cinders  and  with  adequate 
devices  to  prevent  the  escape  of  fire  from  ash 
5 


pans,  and  proper  inspection  should  be  made 
of  all  such  devices  at  short  intervals  during 
the  dry  weather  in  both  spring  and  autumn. 
Instructions  should  be  issued  to  all  engi- 
neers, conductors  and  all  employees  to  report 
fires  to  the  railroad  agents  as  is  required  by 
law. 

Persons  Burning*  Brush — Before  burning 
brush  or  clearing  land,  notify  the  fire  war- 
den. Burn  brush  in  still  weather  or  when 
the  breeze  is  away  from  adjacent  timber  and 
towards  open  land.  If  possible,  the  best  time 
is  in  cloudy  weather  just  before  a  rain  storm, 
[f  there  is  a  lookout  station  in  your  vicinity 
notify  the  lookout  watchman  so  that  he  will 
know  that  you  are  going  to  burn  your  brush, 
as  otherwise  he  will  likely  go  to  the  trouble 
of  summoning  men  to  fight  what  he  takes  to 
be  a  forest  fire.  Always  have  plenty  of  per- 
sons close  around  when  burning  brush  so 
that  in  case  this  fire  escapes  and  gets  into 
woodland  you  will  be  able  to  extinguish  it. 

Campers,  Hunters,  Fishermen,  Etc.  Be 
careful  of  your  campfire.  Never  build  your 
campfire  larger  than  is  needed,  rake  leaves 
and  dry  wood  away  from  it,  and  in  windy 
weather  dig  a  shallow  hole  for  it.  Never 
build  a  fire  against  hollow  logs  or  trees  where 
it  will  be  hard  to  extinguish.  Never  leave 
camp  until  you  have  entirely  extinguished 
the  fire  with  water. 

Be  careful  with  matches,  cigar  or  cigarette 
stubs  and  burning  tobacco  and  never  throw 
them  where  there  will  be  any  chance  of  them 
igniting  leaves  or  wood. 

Rural  Mail  Carriers — The  post  office  de- 
partment of  the  United  States  government 
has  requested  all  rural  and  star  route  car- 
6 


riers  to  notify  the  proper  authorities  when 
they  discover  a  fire  along  their  route,  and 
fire  warden  should  use  every  means  to  secure 
their  hearty  cooperation  along  this  line. 

The  increasing  large  number  of  automo- 
bile tourists  has  resulted  in  a  new  fire  risk 
along  the  roads  in  forested  regions.  Cigars, 
matches  and  especially  burning  cigarettes 
thrown  from  automobiles  have  been  the  cause 
of  many  fires.  The  average  smoker  it  seems 
prefers  to  throw  his  stubs  clear  of  the  road- 
way and  into  the  weeds  and  dry  grass  of  the 
roadside.  This  is  dangerous.  Always  throw 
your  cigar  or  cigarette  stubs  into  the  used 
part  of  the  roadway  where  there  is  no  in- 
flammable material. 

It  is  absolutely  necessary  that  every  per- 
son must  ai-d  in  the  prevention  of  forest 
fires.  The  recent  destructive  fires  in  Min- 
nesota and  the  western  states  has  empha- 
sized that  it  is  your  urgent  duty.  With  a 
little  care  and  an  occasional  effort  on  the 
part  of  each  person  either  living  in  or  visiting 
the  forested  or  cut-over  regions  of  this  state, 
the  forest  fire  risk  will  be  materially  re- 
lieved. Any  suggestion  as  to  a  possible  way 
to  better  the  system  will  be  given  the  most 
careful  attention  when  sent  to  the  Com- 
mission. ^ 


7 


LAWS  RELATING  TO 


MARSH,  SWAMP,  FIELD  AND 
FOREST  FIRES 

Issued  by  the  Wisconsin  State  Conservation 
Commission. 

State  and  Local  Fire  Wardens.  (Section 
26.11)  The  commission  shall  be  in  charge  of 
and  give  suitable  directions  to  the  entire  fire 
warden  force  of  the  state.  The  chairman  of 
the  town  board  of  each  town  in  the  state 
shall  be  the  town  fire  warden  for  such  town 
and  the  superintendents  of  highways  for  the 
different  road  districts  within  the  different 
towns  shall  be  assistant  town  fire  wardens  for 
their  respective  towns. 

Powers  of  Conservation  Commission.  (Sec- 
tion 26.12)  The  state  fire  warden  shall  have 
general  charge  of  the  fire  warden  force  of  the 
state,  and  shall  have  authority  to  mass  such 
fire  warden  force  as  may  be  available  at  any 
special  point  to  suppress  fires.  In  cases  of 
emergency,  or  when  the  town  shall  have  no 
highway  superintendents,  or  the  town  shall  be 
unusually  large,  the  state  fire  warden  may,  on 
recommendation  of  the  town  chairman,  ap- 
point, temporarily,  needed  fire  wardens, 
whose  duties  and  authority  shall  be  the  same 
as  herein  provided  for  town  and  assistant 
town  fire  wardens. 

8 


Duties  of  Fire  Wardens;  Police  Powers; 
Compensation  and  Rewards;  Taxation  and 
Payment.  (Section  26.13)  (1)  Each  fire 
warden  before  entering  upon  his  duties,  shall 
take  an  oath  of  office  and  file  the  same  with 
the  state  fire  warden.  All  fire  wardens 
shall  take  prompt  and  effective  measures 
against  the  spread  and  illegal  setting  of 
forest,  marsh  or  swamp  fires  within  their 
towns'  and  districts  and  shall  have  the  power 
of  sheriffs  to  arrest  without  warrant  for  vio- 
lations of  the  provisions  of  any  sections  of 
the  statutes  relating  to  setting,  failure  to  ex- 
tinguish, or  care  of  fires.  They  shall  have  au- 
thority to  call  upon  any  able-bodied  citizen, 
in  territory  in  which  they  act,  to  assist  in  ex- 
tinguishing forest,  marsh,  swamp  and  other 
running  fires  in  such  manner  as  they  may 
direct. 

(2)  Those  assisting  either  the  town  or 
assistant  town  fire  wardens  in  the  extin- 
guishing of  forest,  marsh,  swamp  and  other 
fires  shall  receive  compensation  for  their 
services  at  not  more  than  twenty  cents  per 
hour  for  the  time  actually  employed.  The 
commission  is  authorized  to  approve  for 
payment  not  to  exceed  fifty  per  cent  of 
the  clear  proceeds  of  any  fine  collected 
in  an  action  brought  for  a  violation  of 
any  of  the  provisions  of  sections  4405a  to 
4406  of  the  statutes  relating  to  setting,  fail- 
ure to  put  out  or  care  of  fires,  where  the  evi- 
dence to  secure  a  conviction  is  furnished  by  a 
town  fire  warden,  an  assistant  town  fire  war- 
den, or  any  other  person. 

(3)  No  payment  shall  be  made  to  any 
claimant  under  this!  section  until  he  shall 

9 


have  presented  an  itemized  account  and  made 
oath  or  affirmation  that  said  account  is  just 
and  correct,  which  account  shall  be  audited 
and  approved  by  the  town  board.  The  town 
board  shall  thereupon  direct  the  town  clerk 
to  issue  a  warrant  upon  the  town  treasurer 
for  the  sum  to  which  such  claimant  is  enti- 
tled, and  the  town  treasurer  shall  pay  the 
same. 

(4)  Expense  borne  by  road  districts  of 
Towns.  The  expense  of  preventing  or  ex- 
tinguishing forest,  marsh,  swamp  or  other 
running  fires  by  the  town  or  assistant  town 
fire  wardens,  and  by  those  called  upon  by 
either  of  said  fire  wardens  to  assist  them, 
shall  be  borne  by  the  road  district  or  dis- 
tricts within  which  the  expense  was  incurred, 
and  the  superintendent  of  highways  of 
each  road  district,  or  if  there  is  no  such 
superintendent  then  the  town  board,  may 
levy  and  assess  a  tax  for  defraying  such  ex- 
pense. Such  tax  shall  be  collected  in  the 
same  manner  as  other  taxes,  and  such  tax 
when  so  collected  shall  be  paid  into  the  town 
treasury  from  which  such  expense  is  paid. 

Payment  of  Fire  Wardens  Appointed  by 
the  Commission.  (Section  26.14)  (1)  Each 
fire  warden,  appointed  by  the  state  fire  warden 
to  act  in  case  of  emergency,  shall  receive 
for  his  actual  services  rendered,  three  dollars 
and  fifty  cents  per  day,  one-half  of  which 
shall  be  paid  by  the  county  where  such  serv- 
ice is  performed,  and  one-half  by  the  state; 
and  any  employee  engaged  by  the  state  fire 
warden,  or  by  any  fire  warden  appointed  by 
the  state  fire  warden  to  assist  in  preventing  or 
suppressing  forest,  swamp,  marsh  or  other 
10 


running  fires  shall  receive  for  such  services 
not  more  than  thirty-five  cents  per  hour, 
and  said  expense  shall  also  be  paid,  one-half 
by  the  county  where  such  service  is  per- 
formed, and  one-half  by  the  state. 

(2)  The  fire  wardens  appointed  by  the 
commission  shall  prepare  itemized  accounts 
for  their  own  services  and  the  services  of 
their  assistants,  and  no  such  account  shall  be 
paid  until  it  has  been  approved  by  the  com- 
mission. The  secretary  of  state  shall  not  is- 
sue warrants  for  more  than  ten  thousand 
dollars  for  fighting  forest  fires  in  any  one 
county  in  any  one  year,  and  one-half  the 
amount  paid  by  the  state  shall  be  refunded 
to  the  state  by  the  county  in  which  the  fires 
were  fought.  In  case  the  work  of  fighting 
fires  covers  a  portion  of  two  or  more 
counties,  the  amount  to  be  paid  by  each 
county  shall  be  decided  by  the  commission. 

(3)  As  soon  as  any  account  has  been  paid 
by  the  state  treasurer,  the  commission  shall 
send  to  the  proper  county  treasurer  a  bill 
for  the  county's  share  of  the  expenses  and  a 
copy  of  the  bill  shall  be  filed  with  the  secre- 
tary of  state.  The  county  shall  have  sixty 
days  within  which  to  pay  such  bill,  but 
if  not  paid  within  that  time,  the  county 
shall  be  liable  for  interest  at  the  rate  of 
six  per  centum  per  annum.  If  said  sixty 
days  shall  have  elapsed  without  payment  be- 
fore the  time  provided  by  law  for  the  sec- 
retary of  state  to  certify  to  the  counties  the 
levy  for  state  taxes,  he  shall  include  an 
amount  sufficient  to  pay  such  bill  as  a  part  of 
the  levy  against  the  county  for  state  taxes. 

11 


Liability  of  Town  Fire  Wardens  and  Cit- 
izens. Section  (26.15)  Any  fire  warden  who 
shall  refuse  to  carry  out  the  provisions  of 
section  26.13  or  any  able-bodied  citizen  who 
shall  refuse  to  render  assistance  as  provided 
by  said  section,  shall  be  punished  by  a  fine  of 
not  less  than  ten  or  more  than  fifty  dollars, 
or  by  imprisonment  in  the  county  jail  for  not 
less  than  ten  days  or  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment. 

Posting  Fire   Warning   Notices.  Section 

(26.16)  Each  town  fire  warden  and  assistant 
town  fire  warden  sliall  post  or  cause  to  be 
posted  conspicuously  in  those  parts  of  his 
town  or  district  where  fires  are  likely  to  oc- 
cur, all  notices  furnished  him  for  that  pur- 
pose by  the  state  fire  warden. 

Reports  by  Fire  Wardens.  Section  (26.17) 
Every  assistant  town  fire  warden,  immedi- 
ately after  each  fire  within  his  district  shall 
forward  to  the  state  fire  warden  and  to  the 
town  fire  warden  a  detailed  report  of  said  fire. 
The  town  fire  warden  shall  report  to  the  state 
fire  warden,  annually,  on  or  before  the  first 
day  of  December,  a  summary  of  all  forest 
fires  within  their  towns  or  districts  during 
the  year  and  such  other  matters  as  the  state 
fire  warden  may  direct. 

Note. — The  words  4 'assistant  town  fire-war- 
den" mean  the  ROAD  SUPERINTENDENT. 
The  words  "town  fire  warden"  mean  the 
TOWN  CHAIRMAN.  The  word  "conmiis- 
sion"  means  the  State  Conservation  Commis- 
sion. 

.  12 


District  Attorney  to  Prosecute.  Section 

(26.18)  Whenever  an  arrest  shall  have  been 
made  for  any  violation  of  any  provision  of 
this  chapter,  or  whenever  any  information 
of  such  violation  shall  have  been  lodged 
with  him,  it  shall  be  the  duty  of  the  district 
attorney  of  the  county  in  which  the  criminal 
act  was  committed  to  prosecute  the  offender 
or  offenders.  If  any  district  attorney  shall 
fail  to  comply  with  the  provisions  of  this 
section,  he  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  not  less 
than  one  hundred  dollars'  nor  more  than 
one  thousand  dollars,  or  be  imprisoned 
not  less  than  30  days  nor  more  than  one 
year,  or  both  in  the  discretion  of  the 
court.  The  penalties  of  this  section  shall 
apply  to  any  magistrate,  with  proper  author- 
ity, who  refuses  or  neglects  without  cause 
to  issue  a  warrant  for  the  arrest  and  pros- 
ecution of  any  person  or  persons  when  com- 
plaint, under  oath,  of  violation  of  any  terms 
of  this  chapter,  has  been  lodged  with  him. 

LAWS  RELATING  TO  SETTING  OF  FIRES. 

Destruction  of  Warning  Notices.  Section 

(26.19)  Any  person  who  shall  maliciously  or 
wilfully  destroy,  deface,  remove  or  disfigure 
any  sign,  poster  or  warning  notice  posted 
under  the  provisions  of  this  chapter,  shall 
be  guilty  of  a  misdemeanor  and  punishable, 
upon  conviction,  by  a  fine  of  not  less  than 
fifteen  dollars  nor  more  than  one  hundred 
dollars?,  or  by  imprisonment  in  the  county 
jail  for  a  period  of  not  less  than  ten  days  nor 
more  than  three  months,  or  by  both  such  fine 
and  imprisonment. 

13 


Town  Boards  Can  Forbid  Setting  of  Fires. 
Section  (4405a)  (1)  Whenever  the  town 
board  of  any  town  deems  it  imprudent  to  set 
fires  upon  any  land  within  the  town  or  district 
they  shall  post  or  cause  to  be  posted  notices 
in  five  public  places  in  each  township  in  such 
town  or  district  forbidding  the  setting  of  fires 
therein,  and  after  the  posting  of  such  notices 
no  person  shall  set  any  fire  upon  any  land  in 
said  town  or  district,  except  for  warming  the 
person  or  cooking  food,  until  written  per- 
mission has  been  received  from  one  of  the 
fire  wardens  of  said  town. 

(2)     Camp  Fires  Must  Be  Extinguished. 

All  persons  who  start  camp  fires  upon  any 
land  in  this  state  shall  exercise  all  necessary 
precautions  to  prevent  damage  therefrom,  and 
shall  entirely  extinguish  the  same  before 
leaving  them.  Every  person  violating  any 
provision  of  this  section  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than 
fifty  dollars,  or  by  imprisonment  in  the  county 
jail  not  more  than  six  months  for  each  of- 
fense. 

Liability  of  Persons  Who  Build  Fires.  Sec- 
tion (4406)  Any  person  who  shall  build  a 
fire  on  any  lands  in  this  state  not  his  own  or 
under  his1  control,  except  as  hereinafter  pro- 
vided, shall,  before  leaving  the  same,  totally 
be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars  or  by  imprisonment  in  the  county 
jail  not  exceeding  one  month,  or  by  both  such 
fine  and  imprisonment.  Any  person  who  shall 
wilfully  or  negligently  set  fire  to  or  assist  an- 
other to  set  fire  on  any  land,  whereby  such 
14 


land  is  injured  ar  endangered  or  shall  wil- 
fully or  negligently  suffer  any  fire  upon  his 
own  land  to  escape  beyond  the  limits  thereof, 
to  the  injury  of  the  land  of  another,  shall  be 
punished  as  hereinbefore  provided  and  be 
liable  to  the  person  injured  for  all  damage 
that  may  be  caused  by  the  fire. 

LAWS  RELATING  TO  RAILROADS. 

Liability  of  Railways  for  Damages  Caused 
by  Fire.  Section  1816.  1.  Each  railroad 
corporation  owning  or  operating  a  railroad  in 
this  state,  shall  be  responsible  in  damages 
to  every  person  and  corporation  whose  prop- 
erty may  be  injured  or  destroyed  by  fire 
communicated  directly  or  indirectly  by  loco- 
motive engines,  in  use  upon  the  railroad 
owned  or  operated  by  such  railroad  corpor- 
ation, or  by  the  burning  of  grass,  weeds  or 
rubbish  on  right  of  way  by  employes  of 
such  corporation,  and  each  such  railroad  cor- 
poration shall  have  an  insurable  interest  in 
the  property  upon  the  route  of  the  railroad 
owned  or  operated  by  it,  and  may  procure 
insurance  thereon  in  its  own  behalf  for  its 
protection  against  such  damages. 

(2)  Whenever  the  property  owned  by 
any  person  or  corporation  shall  be  injured  or 
destroyed  by  fire  communicated  by  locomo- 
tives in  use  upon  any  railroad  owned  or  op- 
erated by  a  railroad  corporation,  or  by  the 
burning  of  grass,  weeds  and  rubbish  on  the 
right  of  way  by  employes  of  such  corporation, 
so  as  to  render  the  railroad  corporation  lia- 
ble, under  subsection  1  of  this  section,  or 
otherwise,  the  owner  of  such  property  in- 
jured or  destroyed  may  recover  damages  for 
15 


such  loss,  and  to  recover  the  same  it  shall 
only  be  necessary  for  him  to  prove  the  loss 
of  or  injury  to  his  property,  and  that  the  fire 
originated  in  the  manner  hereinbefore  stated. 
If  such  corporation  fails  or  neglects  to  pay 
such  damage  within  sixty  days  after  notice 
in  writing  that  a  loss  or  injury  has  occurred, 
accompanied  by  an  affidavit  thereof,  served 
upon  any  officer  or  station  or  ticket  agent 
employed  by  such  corporation  in  the  county 
where  such  loss  or  injury  occurred,  such 
owner  shall  be  entitled  to  recover  from  the 
corporation  double  the  amount  of  damages 
actually  sustained  by  him  in  any  court  of 
competent  jurisdiction.  If  such  company 
shall,  within  sixty  days,  offer  in  writing  to 
pay  a  fixed  sum,  being  the  full  amount  of  the 
damages  sustained,  and  the  owner  shall  re- 
fuse to  accept  the  same,  then  in  any  action 
thereafter  brought  for  such  damages,  when 
such  owner  recovers  a  less  sum  as  damages 
than  the  amount  so  offered,  then  such  owner 
shall  recover  only  his  damages,  and  the  rail- 
way company  shall  recover  its  costs. 

Spark  Arresters  on  Engines,  Boilers  and 
Logging,  Locomotives.  Section  (26.20)  (1) 
Between  March  1  and  November  1  it  shall  be 
unlawful  for  any  logging  locomotive,  don- 
key, traction,  or  portable  engine*  and  all 
other  engines,  boilers,  and  locomotives,  except 
railway  locomotives,  operated  in,  through, 
or  near  forest,  brush,  or  grass  land,  which  do 
not  burn  oil  as  fuel,  to  be  operated  without  a 
screen  or  wire  netting  on  top  of  the  smoke- 
stack and  so  constructed  as  to  give  the  most 
practicable  protection  against  the  escape  of 
sparks  and  cinders  from  the  smokestacks 
16 


thereof,  and  each  such  engine  shall  be  pro- 
vided with  the  most  practicable  devices  to 
prevent  the  escape  of  fire  from  ash  pans  and 
fire  boxes.  The  term  "logging  locomotive"  as 
used  in  this  section  shall  be  construed  to  mean 
any  locomotive  operated  on  a  railroad  branch, 
line,  or  division,  the  chief  or  main  business 
of  which  is  the  transportation  of  logs,  lum- 
ber, or  other  forest  products. 

(2)  Spark  Arresters  on  Locomotives  other 
than  Logging  Locomotives.  All  locomotives 
operated  on  any  railroad  other  than  a  logging 
railroad  shall  be  equipped  with  the  most  prac- 
ticable spark  arresters  so  constructed  as  to 
give  the  greatest  possible  protection  against 
the  escape  of  sparks  and  cinders  from  the 
smokestacks  thereof,  and  each  such  engine 
shall  be  provided  with  the  most  practicable 
device  to  prevent  the  escape  of  live  coals  from 
ash  pans  and  fire  boxes,  and  said  devices  be- 
tween March  1  and  November  1  shall  at  all 
times  be  maintained  in  good  repair.  It  shall 
be  the  duty  of  the  superintendent  of  motive 
power  or  equivalent  officer  of  each  such  rail- 
road to  designate  an  employe  of  such  rail- 
road at  each  division  point  and  roundhouse 
who  shall  examine  each  locomotive  each  time 
it  leaves  the  division  point  or  roundhouse 
between  March  1  and  November  1,  and  such 
employe  shall  be  held  responsible  for  the 
proper  carrying  out  of  the  provisions  of  this 
subsection,  but  without  relieving  the  com- 
pany from  its  responsibility  hereunder. 

(3)  Locomotive   Inspector;    Powers.  Any 
locomotive  inspector  designated  by  the  com- 
mission shall  have  the  power  to  reject  from 
service  immediately  any  locomotive,  donkey, 
17 


traction,  or  portable  engine  which,  in  the 
opinion  of  the  said  inspector,  is  deficient  in 
adequate  design,  construction,  or  maintenance 
of  the  fire  protective  devices  designated  in 
subsections  (1)  and  (2)  of  this  section,  and 
any  such  locomotive,  donkey,  traction,  or  por- 
table engine  so  rejected  from  service  shall  not 
be  returned  to  service  until  such  defects  have 
been  remedied  to  the  satisfaction  of  said  lo- 
comotive inspector.  In  case  of  disagreement 
between  said  inspector  and  the  owner  of  the 
locomotive,  donkey,  traction,  or  portable  en- 
gine so  rejected  from  service  as  to  the  effi- 
ciency or  proper  maintenance  of  said  protec- 
tive devices,  then  the  owner  of  said  locomo- 
tive, donkey,  traction,  or  portable  engine  may 
appeal  to  the  railroad  commission  of  Wiscon- 
sin for  a  decision  of  said  matter,  but  pending 
such  decision  the  said  locomotive,  donkey, 
traction,  or  portable  engine  shall  not  be  re- 
turned to  service. 

(4)  Cleaning  Railway  Rights  of  Way. 

Every  corporation  maintaining  and  operating 
a  railway  shall,  at  least  once  in  each  year, 
cut  and  burn  or  remove  from  its  right  of 
way  all  grass  and  weeds  and  burn  or  remove 
therefrom  all  brush,  logs,  refuse  material,  and 
debris  within  a  reasonable  time,  and  when- 
ever fires  are  set  for  such  purpose,  shall  take 
proper  care  to  prevent  the  escape  thereof 
from  the  right  of  way. 

(5)  Depositing  Fire  or  Ashes  on  Tracks. 
No  such  corporation  shall  permit  its  employes 
to  deposit  fire,  live  coals,  or  ashes  upon  their 
tracks  outside  the  yard  limits,  except  they 
be  immediately  extinguished. 

18 


(6)  Reporting  Fires  on  Rights  of  Way. 

Engineers,  conductors,  or  trainmen  who  dis- 
cover that  fences  or  other  material  along  the 
right  of  way  or  on  lands  adjacent  to  the 
railroad  are  burning  or  in  danger  from  fire, 
shall  report  the  same  to  the  agent  or  person 
in  charge  at  their  next  stopping  place  at 
which  there  shall  be  a  telegraph  station. 
Corporations  maintaining  and  operating 
railways  shall  give  particular  instructions  to 
their  section  employes  for  the  prevention  and 
prompt  extinguishment  of  fires,  cause  notices, 
which  shall  be  furnished  by  the  state  commis- 
sion, to  be  posted  at  their  stations,  and  when  a 
fire  occurs  along  the  line  of  their  road,  or 
on  lands  adjacent  thereto,  for  which  fire  they 
are  responsible,  they  shall  concentrate  such 
help  and  adopt  such  measures  as  shall  most 
effectually  arrest  its  progress. 

(7)  Fire  Patrol.  All  such  corporations, 
during  a  dangerously  dry  season,  and  when 
so  directed  by  the  commission,  shall  provide 
fire  patrols  for  duty  along  their  tracks. 
Whenever  said  commission  shall  deem  it  nec- 
essary it  may  order  such  corporations  to 
provide  for  patrolmen  to  follow  each  train 
throughout  such  districts  as  may  be  neces- 
sary to  prevent  fires.  When  said  commission 
has  given  a  corporation  such  notice  that  in 
its  opinion  the  conditions  require  such  patrol 
after  trains,  the  corporation  shall  immedi- 
ately comply  with  such  instructions  through- 
out the  districts  designated;  or  on  its  failure 
to  do  so,  said  commission  may  employ  pa- 
trolmen, and  furnish  them  with  the  necessary 
equipment  to  patrol  the  rights  of  way  of 
such   corporations,  and  the   expense  of  the 

19 


same  shall  be  charged  to  the  corporation  and 
the  same  may  be  recoverable  in  a  civil  ac- 
tion in  the  name  of  the  state  of  Wisconsin, 
and  in  addition  thereto,  the  said  corporation 
shall  be  deemed  guilty  of  a  misdemeanor.  It 
is  also  made  the  duty  of  such  corporation, 
acting  independently  of  such  commission,  to 
patrol  its  rights  of  way  after  the  passage  of 
each  train  when  necessary  to  prevent  the 
spread  of  fires  and  to  use  the  highest  degrees 
of  diligence  to  prevent  the  setting  and  spread 
of  fires,  and  it  is  also  made  the  duty  of  its 
officers  and  employes  operating  trains  in  this 
state,  to  use  diligence  in  the  extinguishment 
of  fires  set  by  locomotives  or  found  existing 
upon  their  respective  rights  of  way,  and  any 
negligence  in  this  regard  shall  render  such 
corporation  or  any  officer  or  employe  thereof 
guilty  of  a  misdemeanor. 

(8)  Inspection  and  Entry.  The  com- 
mission is  authorized  to  inspect  or  cause  to 
be  inspected  any  locomotive,  donkey,  or^ 
threshing  engine,  railway  locomotive,  and  all 
other  engines,  boilers,  and  locomotives  op- 
erated in,  through  or  near  forest,  brush,  or 
grass  land  and  to  enter  upon  any  property 
for  such  purpose,  or  where  they  may  deem  it 
necessary  in  order  to  see  that  all  the  pro- 
visions of  this  section  are  duly  complied  with. 

(9)  Penalty.  Any  corporation,  by  its  offi- 
cers, agents,  or  employes,  wilfully  violating 
the  provisions  of  this  section,  shall  be  liable 
to  a  penalty  of  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars  for  each  and 
every  such  violation,  to  be  collected  in  a 
civil  action  in  the  name  of  the  state. 

20 


(10)  Appeal    to    Railroad  Commission. 

In  case  the  commission  and  any  corporation 
or  individual  operating  any  locomotive,  don- 
key, or  threshing  engine,  or  any  engine, 
boiler,  or  locomotive  cannot  agree  as  to  the 
most  practicable  device  or  devices  for  prevent- 
ing the  escape  of  sparks,  cinders,  or  fire  from 
smokestacks,  ash  pans  or  fire  boxes,  then 
the  same  shall  be  determined  by  the  rail- 
road commission  of  Wisconsin. 

(11)  Exemption.  The  commission  shall 
have  the  power  to  exempt  from  the  provisions 
of  subsections  (1),  (2),  (3),  and  (4)  of  this 
section  any  railroad,  when,  in  its  judgment, 
conditions  along  the  right  of  way  are  such 
that  the  reduced  fire  hazard  renders  such  pro- 
tective devices  unnecessary. 

Penalty.  Section  (4406a)  Any  person 
wilfully  failing  to  comply  with  the  re- 
quirements of  section  26.20  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  pun- 
ished, upon  conviction,  by  a  fine  of  not  less 
than  fifty  nor  more  than  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  both  such  fine 
and  imprisonment. 

Liability  of  Railways  for  Damages  caused 
by  Fire.  (Section  26.21)  In  addition  to  the 
penalties  provided  in  section  26.20,  the 
United  States,  the  state,  the  county  or 
private  owners,  whose  property  is  injured 
or  destroyed  by  such  fires,  may  recover,  in 
a  civil  action,  double  the  amount  of  damages 
suffered,  if  the  fires  occurred  through  wil- 
fulness, malice  or  negligence.  Persons  or 
corporations  causing  fires  in  violation  of  this 
21 


chapter,  shall  be  liable  to  the  state  in  an 
action  for  debt,  to  the  full  amount  of  all 
damages  done  to  the  state  lands  and  for  all 
expenses  incurred  by  the  towns  fighting  such 
fires. 


PREACH  FOREST  PROTECTION 
PRACTICE  IT,  TOO 


22 


If  you  see  a  small  fire 

PUT  IT  OUT 

If  you  see  a  large  fire  notify  the  nearest 
town  Chairman  or  highway  Superintendent 
Find  spread  the  report. 


23 


3  0112  061342280 

LET'S  STAMP  OUT 

THE 

FOREST  FIRES 


THE  UP«ARV  Of  THE 

DEC  2 -1937 

They  ddttN$S|K^yM!on  grounds 
and  game. 


Lighted  matches,  cigar  and  cigarette 
stubs  are  dangerous 


Put  Out  Your  Camp  Fires 
Before  Leaving 


